Matter of Stroutsovsky v Brik
Motion No: 2022-07133
Slip Opinion No: 2022 NY Slip Op 74809(U)
Decided on November 23, 2022
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M286068

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2022-07133

In the Matter of Ilana Stroutsovsky, respondent,

v Roman Brik, appellant.

(Docket Nos. F-2655-2020/2020A, F-2655-2020/202

F-1333-2020/2021A, F-1333-2020/2021B,

F-1333-2020/2021C, F-1333-2020/2021D)

DECISION & ORDER ON MOTION




1B,

Appeal by Roman Brik from an order of the Family Court, Richmond County, dated July 21, 2022. By scheduling order dated September 21, 2022, the appellant was directed to file one of the following in the office of the Clerk of the Court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there are such minutes, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof, and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to comply with the scheduling order. Pursuant to § 670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]), it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 21, 2022, by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before December 14, 2022; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the parties via email to the email address provided to this court, or if no email address is available for service by regular mail.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court